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Determination of Entitlement to Compensation

127. The Minister or authorized person shall not pay compensation unless

 (a)

the claimant mails or otherwise delivers a claim for compensation to Labour Canada;

 (b)

Labour Canada examines the claim;

 (c)

Labour Canada makes an assessment that the claimant has a disability;

 (d)

where labour Canada makes the assessment that a claimant has a disability, labour Canada assesses

 
 (i)

the degree and permanency of the disability in accordance with the disability rating schedule and policy for determining the degree of disability in use by the Worker's Compensation Board of Ontario at the time the disability is assessed, and

 
 (ii)

the degree of impairment of earning capacity resulting from the disability, having regard to the actual loss of earning capacity of the claimant;

 (e)

in the case of a claim for disability as a result of an occupational disease, labour Canada makes the assessment that the claimant was exposed to the industrial process, trade or occupation with which the disease is known to be associated while participating in an approved program; and

 (f)

labour Canada sends the claim, all the information it obtained concerning the claim and a report of its assessments to the Minister or authorized person.

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